Q: What is the landlord tenant law in Frankfort Kentucky.
If someone lives with you but they are not on the lease are you required to give them notice to leave, and can they take you to court for formal eviction even though they aren't a resident on the apartment lease.
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A:
In Frankfort, Kentucky, and the state of Kentucky in general, landlord-tenant laws primarily apply to individuals who have a lease agreement with the landlord. If a person is living with you but is not on the lease, they are generally not considered an official tenant and therefore do not have the same rights as a leaseholder.
However, if the individual has been living with you for an extended period with your permission (or the landlord's knowledge and consent), they might be considered a "tenant at will." In such cases, while you may not be required to go through a formal eviction process, it is generally advisable to provide reasonable notice before asking them to leave.
The amount of notice can vary, but a common courtesy is to provide at least 30 days' notice in writing. This allows the individual time to make alternative living arrangements.
If the person refuses to leave after being given notice, you may need to involve the landlord or property manager, as they are ultimately responsible for the property. The landlord may then choose to proceed with a formal eviction process.
In most cases, if the individual is not on the lease, they cannot take you to court for a formal eviction. However, every situation is unique, and if the individual believes they have established residency rights, they may still attempt to take legal action.
To avoid potential issues, it's best to consult with your landlord and review your lease agreement for any specific provisions regarding long-term guests or occupants not on the lease. If necessary, seek advice from a local landlord-tenant attorney for guidance on your specific situation.
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